PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           8 April l999                  
	DOCKET NUMBER:   AC98-11970
				   AR199801357

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Ms. Barbara J. Ellis		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), issued on 
10 October 1945, to show all the awards and decorations to which he is entitled, to include the Purple Heart (PH).  

3.  The applicant states that his separation documents does not show all the awards and decorations to which he is entitled.  He submits a copy of a Veterans Administration Form P-80, Award of Disability Compensation or Pension (Service Connected), dated March l4, 1946, in which it is noted that he received a pension in the amount of $11.50, “…on account of disability resulting from the following conditions held to have been incurred or aggravated during your war service;  Wound, Left Knee and Scars.”  He submits other documentation concerning the history and battle participation of his units during World War II (WWII)

4.  The applicant’s military records show that he enlisted in the New York Army National Guard (NYARNG), Battery B, 244th Coast Artillery (Battalion) for 3 years on 2 May 1940.  The unit was activated into Federal service on 16 September 1940.  The applicant’s primary military occupational specialties (MOS) included Military Policeman (MOS # 0677), Plotter (MOS # 0724), Master Gunner, 
(MOS # 0832) and Sergeant Major (MOS # 0502).  

5.  The unit was transferred to the European Theater of Operations (ETO) on 
20 August 1942, arriving on 31 August 1942 for duty in Iceland.  His unit was transferred to England and was redesignated as the 633rd Air Defense Artillery Automatic Weapons (AAA AW) Battalion, in August 1943.  His unit redeployed from England to France on 16 June 1944 (the unit was given credit for the Normandy campaign), and served through France into Germany.  The highest rank he attained (14 May 1945) was master sergeant (comparable to the rank of sergeant first class, pay grade E-7 under the current enlisted rank structure), with the duty title of Sergeant Major of his battalion.  

6.  On 27 September 1945, he was returned to the United States for demobilization.  He was honorably separated on 10 October 1945, with the rank of master sergeant.  His AGO Form 24 (Service Record) and WD AGO Form 
53-55 shows credit for five campaigns during World War II (WWII): Normandy, Northern France, Ardennes (Ardennes-Alsace), Central Europe and Rhineland.  In item 33 of his WD AGO Form 53-55 he was shown as entitled to the award of the Bronze Star Medal, the Good Conduct Medal, the American Defense Service Medal and the European-African-Middle Eastern (EAME) Campaign Medal.  In item 34 (Wounds Received in Action) of the form the entry is “NONE”.  The applicant signed the WD AGO Form 53-55 in item 56.  

7.  A review of the applicant’s military records fails to show any record of receiving an injury, wound or medical treatment while in combat operations between 16 June 1944 and the end of combat operations in Europe .

8.  The record of award of the “pension” by the Veterans Administration (VA) on 14 March 1946 for a wound to his left knee and scars is not accompanied by any medical records or other documentation showing the circumstances surrounding his receiving the wound.  The pension was effective 11 October l945, the day following his discharge from active duty.4

9.  His military and medical records only contain two other references to the claimed wound to his knee.  The first is an entry on a WD AGO 63 (Report of Physical Examination), in item 12, Medical History, completed on 19 November 1947, in connection with his request for appointment as an officer in the NYARNG.  The entries are as follows:  “a. Usual childhood disease no sequelae. B. Tonsillectomy and adenoidectomy 1947 no sequelae.  3.  No other operations, illnesses or injuries.”  A handwritten entry added to item 12 states:  “except Wound. Contused. Rt. Knee. Dec ’44  Wounded in Action-Battle of Rhineland-Rec’d Disability from Date of Discharge until Oct. ’47.  No Sequelae. No Disability.  Not Hospitalized.  Purple Heart not awarded.”  The initials on this entry are not clear, but they do not appear to be those of the applicant’s . This copy is contained in his ARNG Military Personnel File.  Other copies of this document in his Official Military Personnel File (OMPF) do not contain the handwritten notation concerning the award of a PH.  Further, the entry is “Normal” in item 38 (Skin and Lymphatics) on the form which was completed by the medical examiners.  No other entries on the form would support evidence of a wound to his knee.  

10.  The second entry in his medical records is a Standard Form 63 (Report of Medical History) completed by the applicant on 23 July 1959 as follows:  “Item NR 39-Disability-VA-$13.00 per month, Oct 1945, Wounds suffered to left knee.”  The medical examiner noted:  “Item 39 – Injury quiesent.” (quiet, still or inactive). 

11.  Other statements of medical history given during periodic medical examinations, before and after this examination fail to mention the injury to his knee or make any reference to a wound during combat operations.  No medical defects or scars were identified by the examining physicians.  In 1963 he was involved in a jeep accident while on active duty for training and injured his right leg.  The injury was determined to have been in the line of duty.

12.  The applicant was commissioned as a second lieutenant, Coast Artillery Corps, NYARNG on 10 December 1947.  Later, his branch was changed to Air Defense Artillery.  He continued to serve in various capacities in the NYARNG and the Selective Service System from 1947 until he was honorably retired on 
26 September 1978, with the rank of colonel.  His awards and decorations subsequent to his active service between 1942 and 1945 included the Armed Forces Reserve Medal (AFRM), the 10 Year Device to the AFRM, and Army Reserve Components Achievement Medal.  It appears he also was entitled to at least two NYARNG awards.  

13.  On 8 April 1979, the applicant wrote to the US Army Reserve Components Personnel and Administration Center (RCPAC) and requested award of the 
PH for wounds he suffered to his left knee at approximately 11:00 PM on 
4 December 1944 at St. Avold, France.  He related that many in his unit were wounded or killed and those that could were needed to continue the operations of the unit.  He submitted the same documents from the VA and campaign histories as are with this application.

14.  There is no record of a response to this inquiry, but in response to another inquiry in 1989, the matter was researched.  On 3 December 1990, the US Army Reserve Personnel Center (successor organization to the RCPAC) replied that no record of the applicant receiving a wound which would qualify him for the award of the PH.  

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

16.  Army Regulation 600-8-22, provides, in pertinent part, that the European African Middle Eastern (EAME) Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945 for any service member in a passenger status or on temporary duty for 30 consecutive days or 60 consecutive days, and in active combat against the enemy and was awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.  

17.  Current Army regulations, in pertinent part, authorize award of a bronze service star to soldiers, based on qualifying service in a unit, for each campaign listed in Army Circular 672-l (for World War II campaigns).  A silver service star is authorized for each five awards of the bronze service star.  The 244th Coast Artillery Battalion earned credit for the Ground Combat-EAME Theater Campaign; the 633rd AAA AW Battalion earned five credits for the Ardennes-Alsace, Central Europe, Normandy, Northern France and Rhineland campaigns.  Thus, for these six campaigns he would be entitled to wear one silver service star and one bronze service star on his EAME Campaign Medal.
18.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal (AOM) is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany, service must have been between 9 May 1945 and 
5 May 1955.  Service between 9 May and 8 November 1945 was only qualifying for award of the AOM, if the individual had service creditable for the EAME prior to 9 May 1945.

19.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

CONCLUSIONS:

1.  A review of the applicant’s military records fails to substantiate that he received a wound which would qualify him for award of the PH during WWII.  Even if he had been wounded in December 1944 as he claims, he failed to obtain medical treatment and have the injury recorded.

2.  The action by the VA to grant him a pension for a wound to his left knee in 1945 is inconclusive evidence to support the award the PH.  The VA operating under its rules and regulations assigns disability (pension) ratings as it sees fit.  Any rating action by the VA does not compel the Army to modify its medical records.

3.  Further, the Board notes that there is conflicting evidence in this case.  One reference is made to an injury or wound to the left knee, another is to the right knee.  Only two official entries in his medical records make reference to these wounds or injuries, one in 1947 and one in 1959.  Both these entries would have been made based on information he provided to medical authorities, not as the result of a medical examination.  In fact, no entries are made of scars or other damage to the skin during any of his Army medical examinations between 1947 and 1978, when he was retired.  

4.  Additionally, the applicant signed his WD AGO Form 53-55 at the time of his discharge on l0 October 1945 which stated that he had received no wounds during his active service between 1942 and 1945.  

5.  However, the applicant is entitled to several other awards.  These include award of the Army of Occupation Medal (Germany), the World War II Victory Medal and the sixth campaign credit to his EAME Campaign Medal, for the Ground Combat-EAME Campaign.  This campaign credit was given to his former unit, the 244th Coast Artillery Battalion.  These medals and campaign credit were not recorded on his separation document issued in October 1945. 

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing:”

a.  that the individual concerned is entitled to award of the Army of Occupation Medal (Germany);

b.  that he is entitled to award of the World War II Victory Medal; and

c.  that he is entitled to a sixth campaign credit for service in the ETO, for the Ground Combat-EAME Theater Campaign.

2.  That upon corrective action being taken, that a DD Form 215 be issued amending his WD AGO 53-55 to show these awards and campaign credits.

3.  Further, that the appropriate action be taken to request that the Defense Supply Service-Philadelphia to issue the award elements for these medals and one silver service star and one bronze service for wear on his EAME Campaign Medal.  

4.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

__GDP__  __JLP___  __BJE__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-11970/AR1998013557	
SUFFIX		
RECON		
DATE BOARDED	19990408	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.